Reduced cigarette ignition.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0600

HOUSE BILL

NO.
HB0305

Reduced cigarette ignition
.

Sponsored by:
Representative(s) Lubnau

A BILL

for

AN ACT relating to fire safety and prevention; providing requirements for the sale of cigarettes; providing testing requirements; providing reporting requirements; providing for enforcement; providing definitions; providing penalties; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 35
‑
9
‑
801 through 35
‑
9
‑
810 are created to read:

ARTICLE 9
REDUCED CIGARETTE IGNITION

35
‑
9
‑
801.

Short title.

This article shall be known and may be cited as the "Wyoming Reduced Cigarette Ignition Propensity Act".

35
‑
9
‑
802.

Definitions.

(a)

For the purposes of this article unless the context otherwise requires:

(i)

"Agent" means any person authorized by the department of revenue to purchase and affix stamps on packages of cigarettes;

(ii)

"Cigarette" means:

(A)

Any roll of tobacco wrapped in paper or in any substance not containing tobacco; or

(B
)

A
ny roll of tobacco wrapped in any substance containing tobacco which because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to or purchased by consumers as a cigarette as described in subparagraph (A)
of this paragraph.

(iii)

"Manufacturer" means:

(A)

Any entity that manufactures cigarettes
that
are
intend
ed for sale in
the United States including cigarettes intended to be sold in the Un
ited States through an importer;

(B)

A
ny successor of an
y
entity described in subparagraph (A) of this
paragraph
.

(iv)

"Quality control"
means the testing of products against specific standards to evaluate the continuous compliance of the products with specified requirements;

(v)

"Repeatability" means the range of values
within which test
trials from a single laboratory
must
fall
ninety-five
percent
(95%)
of the time
;

(vi)

"Retail dealer" means any person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products
;

(vii)

"Sale" means any
transfer of title or possession, exchange or barter in any manner, by any means,
or
by
any agreement
, including
cash and credit sales, giving of
cigarettes as sa
mples, prizes or gifts
,
and the exchang
e
of cigarettes for any consideration other than money
;

(viii)

"Sell" means to sell, or to offer or agree to do the same
;

(ix)

"Wholesale dealer" means any person other than a manufacturer who sells cigarettes or tobacco products to retail dealers or other
s

for
resale and any person who owns, operates or maintains one
(1)
or more cigarette or tobacco product vending machines upon premises owned or occupied by any other person.

35
‑
9
‑
803.

Requirements for sale; t
est
m
ethod
; adoption of other state's testing method, if appropriate; p
erformance
s
tandard
s; and exceptions
.

(a)

Except as provided
herein,
cigarettes may
not
be sold or offered for sale in th
is
state or offered for sale or sold to persons located in th
is
state unless
they
have been tested
and have met t
he
required
performance standard
as
specified in this section
, the manufacturer has filed
a written certification with the state fire marshal in accordance with W.S. 35
‑
9
‑
804, and the cigarettes have been marked in accordance with W.S. 35
‑
9
‑
805.
The following testing requirements shall apply:

(i)

Cigarette testing
shall be conducted in accordance with
standards outlined in the rules and regulations adopted by the department of fire prevention and electrical safety;

(ii)

T
esting shall be conducted on
not less than ten (
10
)
layers of filter paper
;

(iii)

N
o more than
twenty-five
percent
(25%)
of the cigarettes tested
in accordance with this section
shall exhibit full

length burns.

Forty
(40)
replicate tests shall comprise a complete test trial for each cigarette tested
;

(iv)

T
he performance standard required by this section shall only be applied to a complete test trial
;

(v)

W
ritten certifications shall be based upon testing conducted by a laboratory that has been accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization ("ISO"), or other comparable accreditation standard required by the state fire marshal
;

(vi)

L
aboratories conducting testing in accordance with this section
shall adhere to standards of
quality control and quality assurance

that includes
r
epeatability of the testing results
. The repeatability value shall not be greater than
0.19
;

(vii)

T
esting performed or sponsored by the state fire marshal to determine a cigarette's compliance with the performance standard required by this section shall be conducted in accordance with this section.

(b)

Each cigarette
listed in a certification submitted
pursuant to W.S. 35
‑
9
‑
804 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard set forth in this section shall have at least two
(2)
nominally identical bands on the paper surrounding the tobacco column.
O
ne
(1)
complete band shall be l
ocated not less than

fifteen (
15
)
millimeters from the lighting end of the cigarette.
C
igarettes on which the bands are positioned by design shall
have a
t least two
(2)
bands fully located
not less than fifteen (15)
millimeters from the lighting end and
ten (
10
)
millimeters from the filter end of the tobacco column
. For nonfiltered cigarettes the bands shall be not less than ten (10)
millimeters from the labeled end of the tobacco column.

(c)

If the state fire marshal determines that a cigarette
cannot
be
tested in accordance with
paragraph
(a)
(i)
of this section
,

the manufacturer
shall propose a test method and performance standard.
If the state fire marshal determines the
proposed test method and performance standard proposed by the manufacturer is equivalent to the performance standard prescribed in par
agraph (a)(iii) of this section
the test method
may be used to
certify
the
cigarette pursuant to W.S. 35
‑
9
‑
804.

(d)

If
the sta
te f
ire marshal determines that another state has enacted reduced cigarette ignition propensity standards that include
testing methods and performance standards
that are
at least as stringent
as those
adopted under W.S. 35
‑
9
‑
803(a)(i),
and
further determines
that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the fire safety standards of that state's law or regulation under a legal provision comparable to this section, then the state fire marshal shall authorize that manufacturer to employ the alternative test method and performance standard to certify that cigarette for sale in this state, unless the state fire marshal
determines
a reasonable basis
to reject the
alternative test
ing

method.

(
e
)

Manufacturers
shall maintain copies
of
reports of all tests conducted on all cigarettes offered for sale for
not less than
three
(3)
years and shall make
copies
available
upon written request by
the state fire marshal
or
attorney general.

Any manufacturer
failing to provide copies of the requested reports
available within sixty
(60) days of receipt of the request
shall be subject
to a

civil penalty
not to exceed ten thousand dollars ($10,000
.00
) for each day after the sixtieth day that the manufacturer
fails to
make copies available.

(
f
)

The state fire marshal shall review the effectiveness of this section and report every three
(3) years to the
labor, health and social service
s
interim committee
the state fire marshal's findings and
recommend improvements
if appropriate
.
The report and legislative recommendations shall
be submitted no later than June 30.

(
g
)

The requirements of subsection (a) of t
his section shall not prohibit:

(i)

W
holesale or re
tail dealers from selling
existing inventory of cigarettes on or after the effective date of this act if the wholesale or retail dealer
establishes
that state tax stamps were affixed to the cigarettes prior to the effective date and the wholesale or retail dealer
e
stablish
es
that the inventory was purchased prior to the effective date; or

(ii)

T
he sale of cigarettes solely for the purpose of consumer testing
using only the quantity of cigarettes that is reasonably necessary for the testing.
For purposes of this
paragraph
the term
"
consumer testing" means evaluating consumer acceptance of
the cigarettes.

35
‑
9
‑
804.

Certification and
p
roduct

c
hange.

(a)

Each manufacturer shall
certify in writing to the
state fire marshal:

(i)

E
ach cigarette listed in the certification has been tested
pursuant to
W.S. 35
‑
9
‑
803; and

(ii)

E
ach cigarette listed in the certification meets the performance standard set forth in W.S. 35
‑
9
‑
803.

(b)

For e
ach cigarette listed in the certification
the following information shall be included
:

(i)

B
rand or trade n
ame on the packaging
;

(ii)

S
tyle
,
such as light or ultra light;

(iii)

L
ength in millimeters;

(iv)

Circumf
erence in millimeters;

(v)

F
lavor such as menthol or chocolate if applicable;

(vi)

F
ilter or nonfilter;

(vii)

P
ackage description such as soft pack or box;

(viii)

M
arking pursuant to W.S. 35
‑
9
‑
805;

(ix)

Contact information for the entity that conducted the testing, including n
ame
,
address an
d telephone number
; and

(x)

T
he date
of
testing
and the method used
.

(c)

The
state
fire marshal shall make the certifications available to the attorney general
and department of revenue
for p
urposes consistent with this article.

(d)

C
igarette
s
certified
pursuant to this
sectio
n shall be re
certified every three
(3)
years.

(e)

For each cigarette listed in a certification, a manufacturer shall
pay a fee of two hundred fifty dollars ($250.00) payable to
the state fire marshal
for
processing, testing, enforcement and oversight activities required by this a
rticle
.

(f)

If a
cigarette is
certified
and is subsequently changed it
shall not be sold or offered for sale in this state until the manufacturer retests the cigarette in accordance with the testing standards
consistent with the provisions of this article.

35
‑
9
‑
805.

Cigarette
p
ackaging.

(a)

Cigarettes certified by a manufacturer in accordance with W.S. 35
‑
9
‑
804 shall be marked to indicate compliance with the requirements of W.S. 35
‑
9
‑
803. The marking shall
include the letters "FSC" (
Fire Standard Compliant
) and shall not
be
less than
eight
(8)
point type
and shall be
permanently printed, stamped, engraved or embossed on the package at or near the UPC Code.

(b)

A manufacturer shall use only one
(1)
marking
applied uniformly for all packages
including packs, cartons, cases and brands marketed by
the
manufacturer.

(c)

Manufacturers certifying cigarettes in accordance with W.S. 35
‑
9
‑
804 shall submit copies
of
the
certification to all wholesale dealers and agents sell
ing their cigarettes
.

35
‑
9
‑
806.

Penalties.

(a)

A
manufacturer, wholesale dealer, agent or any other person or entity who knowingly sells or offers
for sale
cigarettes
,
other than through retail sale, in violation of W.S. 35
‑
9
‑
803 shall be subject to a civil penalty not to exceed one hundred dollars ($100
.00
) for each pack of such cigarettes sold or offered for sale
. In
no case shall the penalty against any such person or entity exceed one hundr
ed thousand dollars ($100,000.00)
during any thirty
(30)
day period.

(b)

A retail dealer who knowingly sells or offers
for sale
cigarettes in violation of
any provision of this act
shall be subject to a civil penalty not to exceed one hundred dollars ($100
.00
) for each pack of such cigarettes sold or offered for sale
. I
n no case shall the penalty against any retail dealer exceed twenty-five thousand dollars ($25,000
.00
) during any thirty (30) day period.

(c)

In addition to any penalty prescribed by law any corporation, partnership, sole proprietor, limited partnership or association engaged in the manufacture of cigarettes that knowingly makes a false certification pursuant to W.S. 35
‑
9
‑
804 shall be subject to a civil penalty of at least seventy-five thousand dollars ($75,000
.00) but
not to exceed two

hundred fifty thousand dollars ($250,000
.00
) for each
false certification
.

(d)

Any person violating any other provision
of
this a
rticle
shall be subject to a civil penalty for a first offense not to exceed one thousand dollars ($l,000.00) and for
each
subsequent offense
a penalty
not to exceed five thousand dollars ($5,000
.00
) for each violation.

(e)

L
aw enforcement personnel or authorized representative of the state fire marshal
may seize cigarettes
for which no certification has been filed as required by W.S. 35
‑
9
‑
804
and
35
‑
9
‑
805
.
Cigarettes seized pursuant to this section shall be destroyed
not less than thirty (30) days after the trademark
holder
has been given an opportunity to
inspect the cigarette.

35
‑
9
‑
807.

Inspection and enforcement
.

(
a
)

The department of revenue may inspect cigarettes to determine if the cigarettes are marked as required by W.S. 35
‑
9
‑
805. If the cigarettes are not marked as required, the department of revenue shall notify the state fire marshal.

(b)

To
enforce the provisions of this a
rticle
, the attorney general, the department of revenue and the state fire marshal, their
agent
and other law enforcement personnel are authorized to
examine
books, papers, invoices and other records of any person
or entity

possessing, controlling

or occupying
any premises where cigarettes are placed,
held,
stored, sold or offered for sal
e
.

35
‑
9
‑
80
8
.

Reduced
c
igarette
i
gnition
p
ropensity
s
tandard
f
und.

The
r
educed
c
igarette
i
gnition
p
ropensity
s
tandard
f
und
is
created. All certification
f
ees paid under W.S. 35
‑
9
‑
804 and all monies recovered as penalties under W.S. 35
‑
9
‑
806 shall be deposited in the state treasury to the credit of this account.
Subject to legislative appropriation, t
he fund shall
be made available
to support fire safety and prevention programs.

35
‑
9
‑
8
09.

Sale

in other states
.

Nothing in this
article
shall be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements of W.S. 35
‑
9
‑
803 if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and that person or entity has taken reasonable steps to ensure that such cigarettes will not be sold or offered for sale to persons located in this state.

35
‑
9
‑
81
0.

Preemption of local law
.

This a
rticle
preempts any local law, ordinance or regulation
conflicting
with any provision of this
a
rticle
.

Section
2.

This act is effective July 1, 2009.

(END)

1
HB0305